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COA rules on estate representative's banking activity

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The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.

In American Savings, FSB v. Steve H. Tokarski, Successor Personal Rep. of the Estate of John Wroblewski, on Behalf of the Estate, No. 45A04-1105-CC-237, the appellate court reversed and remanded a decision by Lake Superior Judge Gerarld Svetanoff regarding the estate of John Wroblewski that dates back to 2003.

While in his late 80s, Wroblewski named Zorica Milovanovic as his power of attorney and gave her the authority to do tasks such as personal banking transactions. He executed a will naming her the personal representative of his estate, and in June 2003 she used that power of attorney to purchase cashier’s checks which she deposited into a new savings account at American Savings Bank in her name only. After Wroblewski died in 2004, his heirs contested the will and Milovanovic serving as personal representative.

Fifth Third Bank eventually became the successor personal representative, and in 2005 the Lake Superior Court declared Wroblewski’s will invalid because of Milovanovic’s undue influence. Fifth Third requested the savings account records from American Savings Bank, When Steve Tokarski became personal representative in 2007, he filed the lawsuit against American Savings Bank on grounds that the financial institution knew the money was, in fact, for John Wroblewski but allowed Milovanovic to deposit it. That was a breach of contract, the representative claimed.

The trial court found in favor of Tokarski on two counts and for American Savings Bank on a third, relying on a 2010 appellate case known as In re Estate of Rickert to determine American Savings Bank was liable. But the Court of Appeals concluded Rickert is inapplicable to this case because a contract did not arise between American Savings and Wroblewski when Milovanovic opened her savings account. Tokarski provided the trial court with no other basis for a contract between American Savings and Wroblewski and pointed to no designated evidence showing the existence of such a contract, the court found.

As a result, the appellate judges found the trial court erred by granting summary judgment for Tokarski and denying summary judgment for American Savings on the count involving the receipt of cashier’s checks to Milovanovic’s savings account.

The appellate court also found in favor of Tokarski on the issue of the bank’s applying a certificate of deposit to pay off Milovanovic’s mortgage. By deciding the trial court had erred on the first two counts, the appellate judges decided they didn’t need to address the issue of damages and set-off.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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